Delaware General Assembly


CHAPTER 268

FORMERLY

SENATE BILL NO. 354

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 90, TITLE 11 OF THE DELAWARE CODE PERMITTING THE VIOLENT CRIMES COMPENSATION BOARD TO GRANT AWARDS FOR OTHER THAN PECUNIARY LOSS, INCREASING THE QUALIFYING AMOUNT FOR A ONE MEMBER QUORUM AND REQUIRING THE VICTIMS TO REPORT THE CRIME WITHIN SEVENTY-TWO HOURS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §9005(I), Chapter 90, Title 11 of the Delaware Code by adding at the end thereof the following:

In addition to any amount awarded by the Board to indemnify the victim for pecuniary loss, the Board may, subject to the limitations of 19007(d) of this Chapter, award the victim a further amount for any scarring, disfigurement, or mental suffering, resulting from injuries of a permanent nature provided that such scarring, disfigurement, or mental suffering are a direct result of such crime."

Section 2. Amend Chapter 90, Title 11 of the Delaware Code by striking the amount "$500" appearing in §9003 and substituting the amount "$1,000" in lieu thereof.

Section 3. Amend §9006(a), Chapter 90, Title U of the Delaware Code by adding a new subsection (5) to read as follows:

"(5) Where the claimant has failed to report the crime to a law enforcement agency within 72 hours of its occurrence, provided however, that the Board, in its discretion, may waive this requirement if the circumstances of the crime render this requirement unreasonable."

Section 4. The provisions of Section 2 and 3 of this Act shall be effective upon the signature of the Governor. The provisions of Section I shall apply retroactively to all claims filed with or heard by the victims of Violent Crime Compensation Board on or after October 15, 1985. Any claimant whose claim was heard and decided by the Board after October 15, 1985 may file with the Board in writing within sixty (60) days of the enactment of this Act an amended claim under the provisions of Section I of this Act. allure by the claimant to file with the Board within sixty (60) days in writing an amended claim under Section I of this Act shall operate as an absolute bar to asserting an amended claim under Section I hereafter.

Approved May 21, 1986.